Convention on mutual assistance in criminal matters of 2000

The Convention is the most commonly used instrument for obtaining evidence.

It covers mutual assistance in areas such as:

taking statements from suspects and witnesses

the use of videoconferencing

using search and seizure to obtain evidence

telecommunications.

Its protocol contains rules on obtaining information on bank accounts and banking transactions.

Requesting mutual assistance

The requesting authority can contact the issuing authority directly.

Unless the executing authority has grounds to refuse a request, the request should be executed as soon as possible – and by the deadline given by the requesting authority, if feasible.

To ensure that the evidence obtained is admissible, the authorities of the executing country must comply with any procedures specified by the authorities in the requesting country – provided they are not contrary to fundamental principles of law in the executing country.

The Directive on the European investigation order

The European investigation order is a judicial decision issued in or validated by the judicial authority in one EU country to have investigative measures carried out in another EU country to gather evidence in criminal matters.

The Directive on the European Investigation Order was adopted on 3 April 2014. Denmark and Ireland opted out.

The aim of the directive was to introduce the mutual recognition principle while:

maintaining flexibility in mutual legal assistance, and

protecting fundamental rights.

It covers all investigative measures (except setting up a joint investigation team).

It can be issued in criminal, administrative or civil proceedings if the decision could give rise to proceedings before a criminal court.

The issuing authorities can only use an European investigation order if the investigative measure is:

necessary,

proportionate, and

allowed in similar domestic cases.

Under the new Directive, investigative measures must be carried out by the executing EU country as quickly and with the same level of priority as they would in similar domestic cases.

Investigative measures must also be executed ‘as soon as possible’. The Directive lays down deadlines (a maximum of 30 days to decide to recognise and execute the request and 90 days to execute the request effectively).

EU countries can refuse the request on certain grounds. The following general grounds for refusal apply to all measures:

immunity or privilege or rules limiting criminal liability relating to freedom of the press

harm to essential national security interests

non-criminal procedures

ne bis in idem principle

extraterritoriality coupled with double criminality

incompatibility with fundamental rights obligations.

There are additional grounds for refusal for certain measures:

lack of double criminality (except for a list of serious offences)

impossible to execute the measure (investigative measure does not exist or is not available in similar domestic cases, and there is no alternative).

Last update:
22/01/2019

This page is maintained by the European Commission. The information on this page does not necessarily reflect the official position of the European Commission. The Commission accepts no responsibility or liability whatsoever with regard to any information or data contained or referred to in this document. Please refer to the legal notice with regard to copyright rules for European pages.